Howdy all, there was an interesting discussion on another thread that I wanted to share to get others' perspectives on. The topic was, requiring a Bill of Sale or ID when completing a private sale.

In my case, I exchange information as a measure of caution. At the very least, I can show that I made a sale on a date and that the item is no longer in my control. Is action may be unfounded in the law? A complete waste of effort? Does it dilute the 2A rights?

 One actual event that shaped my position was when we sold a car that was later found on the side of the road by the police. They wanted to hold me responsible for towing and violations and toll violations.

The only item that saved me was a signed BOS proving that I no longer owned the car. The new owner never registered the car in his name.

It would be interesting to hear what others do when completing a private sale and why.

It has taken me a bit to respond to the BOS discussions because I wanted to respond rather than react.

The discussion around requiring a BOS and individuals' beliefs could be intriguing in the general discussion area. In response to your comment, I could offer some situations and scenarios where I have not asked for personal information or even walked away from a deal. I follow my intuition and conscience.

Now, if anyone is interested in my R9, it is still for sale, and I will lower the price by a hundred bones. Any lower, the temptation to keep and carry it becomes strong.

Thank you for the opportunity.

Thanks Duane.

You have given me a lot to think about.  From my personal experience, there has always been two copies of any documented transaction.  I might could deal with it if the other party did not have any of the information.  From how you explained it, no need for a BOS in Florida.  I don't think Texas is much different.

Hey Mike,

Interesting.  You know I am a lawyer too...

Here is the thing about that, at least in Florida.  You don't have any liability for what happens to a gun as long as you sell it to a Florida resident.  You have no responsibility other than to ensure they are a Florida resident and an adult, which you can do by seeing a drivers license. 

Especially if you bought the gun new, the paper trail is only to you.  I'd rather have a paper trail to show I sold it legitimately rather than have them just have to take my word for it.

Ideally, you get the bill of sale and you don't give the buyer a copy.  Then the bill of sale is defensive only, and it will never come up unless you want it to. 

To be completely honest with you, I much prefer to avoid the whole issue and only sell to dealers, or through dealers.  Yes, I take a hit on "profitability," but then I have no legal, ethical, or moral responsibility for whoever takes possession of the gun next.   That's just me -- and I'm not saying anyone else has to do that.

-Duane

I've been told by the lawyer than handles my firearm trusts not to, if I can avoid it.  A bill of sale can quickly become a signed confession by an aggressive prosecutor if you slipped up and sold it to a prohibited person and other reasons.  Even if they fooled you into thinking they were legit (the old saying: You may beat the rap, but you will not beat the ride. applies).  In Texas (and I think Florida as well) it is not required.  Giving out my personal information that can tie me to anything, a time and place may not always be in my best interest.  I know a lot of gun selling sites for individuals seem to promote them and I wonder if that is an attempt to pacify those that want to take our freedom to freely sell and trade our personal items from us.  Many say, well if its used in a crime it proves I am not attached to the gun.  Yeah, but you are probably safe anyway due to a multitude of reasons, but now you are connected to the crime with a paper trail.  I have never (and never will) make a shady gun sale, however I don't feel the need to obsess over and remember the details of the transaction once it's completed.

Most people are worried about the criminal liability.  The bigger issue may be the civil liability that it connects you to the gun.  The news is filled with people suing gun shops (saw one where the shop did not even sell the gun in question) and going after anyone connected with money.   A grieving family that finds that piece of paper may not care it was all done on 'the up and up', and the bar for a ruling against you is a lot lower in civil court.

Personally I think it's more of a liability than a protection.

I know this goes against a lot of popular opinion, I am not explaining it as well as my attorney did to me.



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